Watson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PAULA L. WATSON, Case No.: 20-CV-476-CAB-WVG

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

LOUIS KOMJATHY, [Doc. No. 6] Defendant. 16 17 The complaint in this action asserts three claims under California state law: (1) violation of the Ralph Civil Rights Act (Cal. Civ. Code § 51.7); (2) violation of the Bane Civil Rights Act (Cal. Civ. Code § 52.1); and (3) intentional infliction of emotional distress. Defendant moves to dismiss only the two statutory claims1 based primarily on evidence outside of the complaint that he believes defeats these claims. Moreover, the motion relies primarily on cases addressing claims under these statutes on summary judgment or after trial. As this is a motion to dismiss, however, the Court “accept[s] factual allegations in

26 1 Although the motion argues only for dismissal of the statutory claims, in the conclusion of the motion Defendant asks the Court to…